Ricky Davis, 58, is accused of sexually assaulting a girl who regularly slept over at his house when she was between five and nine years old.
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The complainant testified she was 13 years old when she recovered two suppressed memories of waking up to Davis sexually assaulting her while she slept on a mattress in his office. She said it happened when she was in either Grade 1 or Grade 2. “How has the Crown proven beyond a reasonable doubt who the perpetrator was?” Nahachewsky asked, arguing identity is a major issue in this case.
He said the girl mentioned the breast kissing to police, didn’t mention it at the preliminary hearing, and then testified about it at trial. At the preliminary hearing, she said she didn’t know “for sure” who was kissing her, but said it was Davis at trial, he told court. She said the court does not have to find that both incidents happened beyond a reasonable doubt in order to convict, adding complainants don’t have to know exactly when an assault happened to prove it occurred.
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